Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1887-11-18

uuu0T Ill grants Oh lanU Oy congress, laO
at least an equal right with the represent
tary of the interior TO re-examine q depart
ment decision, and believed it
especially proper to express my views to
the secretary in these cases. because had
not, but would have done SO in the original
instance, if had anticipated change of
the ruling and decision upon the point in
question. Accordingly waited upon the
my desire to have review Of the decisions
in these cases. He suggested to me to .'let
the matter rest for the present." in which
suggestion I, of course. cheerfully acqui-
eSced, The formal application for review
cOuched in the most respectful terms, was
put upon the official records and was not
made public. On November 10th l re-
ceived note from the sec. etary desiring
me to present to him what l had to say
upon this subject. Ny letter was accord
ingly signed and delivered to him on the
18th inst, with the necessary change of
data and other corrections that had been
enclosed for your inspection and for your
Judgment, both upon the substance matter
and upon the official courtesy of form and
expression. Several important questions
were decided in the Omaha cases other
than the one referred to herein, which
justly call for consideration upon the point
of agreement with or in cOntravention of
the decisions of the supreme court of the
United States, but confined my applica-
ton for review to the question of ''indem-
nifty for lands excluded from the opera
tion Of the granting acts,' that
being of overshadowing Importance.
In presenting this application l Informed
public unless by himself. Public attention
having now been called to the matter. |
shall feel at liberty to furnish the press
with a copy of this letter after it has been
communicated to you and copy transmit
ted to him. 1t is but just to say that the
published communication addressed to me
and laid before you is no answer to my let
ter applying for review. The issue raised
by me was strictly one of law. The pre-
sentation of the issue was strictly in the
line OF legal argument. In the letter ad
dressed to me that issue is not made and
the effect has been to create the erroneous
impression that the issue was one of author
ity alone and that had refused to execute
the secretary's official orders. This diver
ton to one of authority and insubordin-
alton is the substitution of force for argu-
ment-a diversion of the public mind from
the merits of the caSe-and if not resisted
by me in this presentation to you, would
be the suppression by that power of a
proper and considerate effort on my part
as the commissioner of the general land
Office to secure in the public interest an
impartial hearing before the secretary of
the interior on purely legal question af-
fecting che administration of the Office with
which am charged. The Office of commits
sioner of the general land Office has been
one of intense labor, imposing a
constant sense of the high responsibility.
Having sought it at your hands, 1 have
continued to hold it only out of sense of
duty with view of effecting some good. to
the public. have endeavored to discharge
my full duty in it, in the face of many dis
cOuragements and much calumny and
abuse from those whose interests were to
defeat the policies pursued. I have be-
lieved my line of action to be correct and
thought I had reason for the belief that it
met your approval. If these decisions
foreshadow a change in the official policy
Oh this subject, knowing well what this
will mean in practical application,
could not of course with my sense Of duty
be the instrument to effect the change.
Having ever, as now, regarded the COM
mission hold from you as subject to your
recall, and desiring to relieve you of any
possible embarrassment, herewith tender
you my resignation of the office of commits
siOner of the general land Office and ask its
early acceptance. And in thus severing
my connection with your administration /
beg to assure you of my earnest wish that
the same wisdom. firmness and integrity
which has thus far SO eminently marked
your administration may continue to en-
hance you in the estimation Of your coun-
trymen. Very respectfully,